Opinion
1604
September 24, 2002.
Judgment, Supreme Court, New York County (Laura Drager, J.), entered May 14, 2001, which, to the extent appealed from as limited by the brief, awarded spousal maintenance to defendant and distributed marital assets and liabilities, unanimously affirmed, without costs.
BARRY N. BERGER, for plaintiff-appellant.
JERRY WINTER, for defendant-respondent.
Before: Nardelli, J.P., Saxe, Buckley, Ellerin, Marlow, JJ.
The court properly took into account the pre-separation lifestyle of the parties, along with other relevant factors, in awarding maintenance (see Hartog v. Hartog, 85 N.Y.2d 36, 50-51), and we find no basis to disturb the court's determination of the appropriate amount of such maintenance. Nor, in light of the length of the marriage, during which defendant worked solely in occasional low-paying part-time positions, and other relevant factors (see Ingram v. Ingram, 208 A.D.2d 593, 594), will we disturb the court's finding that maintenance should be permanent. Although plaintiff may have had a right to a medical exam of defendant in light of the evidence adduced, he never made such a request as indeed he could have.
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.